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State v. Diaz-Tomas
Ruled district attorney cannot be compelled by defendant or court to reinstate charges without infringing on their exclusive constitutional and statutory authority and discretion to prosecute
State Constitutions and the Limits of Criminal Punishments
This symposium will engage with the growing legal and intellectual movement to challenge excessive criminal punishments via state constitutional prohibitions on cruel and unusual punishments and related clauses.
Multiple High Courts Uphold Voters’ Right to Use Ballot Measures to Change Law
Decisions in California, Michigan, and Utah could serve as models for courts in other states facing power struggles between legislatures and proponents of voter-approved ballot initiatives.
State v. Lancaster
Ruled police failure to inform defendant of cause of arrest in violation of statutory notice requirements did not violate constitution’s protection against unreasonable seizure
State ex rel. West Virginia Secondary School Activities Commission v. Cuomo
Ruled school activities commission’s rule barring transferred student from competing in school sports for a year did not violate equal protection principles
State v. Allen
Ruled counsel’s failure to present mitigating evidence and apprise court of duty to depart from mandatory life sentence violated defendant's right to effective assistance of counsel
Direct Democracy Under Attack
Courts in Utah and Michigan recently blocked legislative assaults on the ballot initiative process.
Lancaster County Board of Equalization v. Moser
Ruled that no constitutional principles of uniform and proportionate taxation require that an isolated error in the subclassification of one taxpayer's property must be replicated through the equalization process
State ex rel. Maras v. LaRose
Ruled statute governing appointment of election observers by any political party or group of 5 or more candidates does not violate equal protection clause
State v. Sallis
Ruled traffic stop based on police recollection of defendant’s driver license status from a prior stop was constitutional
